What is Thừa kế thế vị?
In Vietnamese civil law, Thừa kế thế vị refers to the circumstances in which an individual inherits the position and assets of someone who has passed away. According to the general principles of inheritance laws, the heir is the person who is alive at the time the inheritance is opened. However, what happens if the heir passes away before the person who left the assets?
In such cases, Vietnamese inheritance laws stipulate that the descendants of the deceased individual shall inherit the portion of the assets that their parent would have been entitled to if they were still alive. If the descendant has also passed away, their own children shall inherit the portion that their parent would have received if alive. These scenarios are known as Thừa kế thế vị, or inheritance by representation.
Inheriting Assets Alongside the Deceased Individual
Furthermore, the law also includes a special provision for cases in which both parents pass away simultaneously. In such situations, the grandchildren step into the shoes of their parents and receive the inheritance of their grandparents.
To summarize, Thừa kế thế vị refers to the act of children or grandchildren replacing their deceased parents or grandparents to inherit their assets. The inheritors receive an equal share of the assets that their parents or grandparents would have been entitled to if alive.
It is important to note that for an individual to be considered an heir by representation, they must be alive at the time of the parent or grandparent’s death. Similarly, for grandchildren to inherit assets, they must be alive at the time of the grandparent’s passing.
Regulations on Thừa kế thế vị in the Legal Documents
Thừa kế thế vị is extensively regulated in various legal documents, including the 2015 Civil Law Code and the 2014 Marriage and Family Law.
The 2015 Civil Law Code (CLC) Article 653 addresses the inheritance relationship between adopted children and their adoptive parents, as well as biological parents. It states that adopted children and their adoptive parents can inherit each other’s assets according to the inheritance laws and the rules of inheritance by representation.
Additionally, Article 68(3) of the 2014 Marriage and Family Law (MFL) specifies the rights and obligations of adopted children and their adoptive parents. This Article states that the rights and obligations between adopted children and their adoptive parents are determined by the MFL, the Adoption Law, the Civil Law Code, and other relevant laws.
The obligations of the adoptive parents, adoptive mother, and adopted child are defined in Article 78 of the 2014 Marriage and Family Law. It clarifies that adoptive parents and adopted children have the same rights and obligations as biological parents and children, starting from the establishment of the parent-child relationship according to the Adoption Law.
In cases where the foster care is terminated by a court decision, the rights and obligations of the foster parents and adopted child cease to exist from the effective date of the court’s decision.
Based on these regulations regarding the rights and obligations of grandparents, uncles, aunts, and biological relatives, adopted children do not have the same relationship rights and obligations as biological children towards the family members of their adoptive parents, such as their biological grandparents, uncles, aunts, and siblings. Therefore, adopted children cannot inherit from these individuals. However, the relationship between the adoptive parents and the biological family remains intact, making them eligible for inheritance according to the laws on inheritance by representation.
Regulations on Thừa kế thế vị in the Adoption Law
The Adoption Law 2010 provides further insights into the consequences of adoption. According to Article 24(1), once the adopted child is received, both the adoptive parents and the adopted child possess the rights and obligations of biological parents and children. The adopted child also has rights and obligations towards other members of the adoptive family, as stipulated by marriage and family laws, civil laws, and other relevant regulations.
In conclusion, Thừa kế thế vị refers to the inheritance by representation, where children or grandchildren inherit the assets of their deceased parents or grandparents. These inheritance rules are established in various legal documents, including the Civil Law Code, the Marriage and Family Law, and the Adoption Law.
For any questions or concerns regarding Thừa kế thế vị, please contact us at Kienthucykhoa.com.
Read more: Thứ tự thực hiện nghĩa vụ tài sản thừa kế
Basic principles of inheritance law explained.